The Logan Act and Our Proposed E-mail Campaign to NATO and the E.U.

[johnkarls]

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Although nobody has raised the question of Logan Act applicability, its formulation in 18 U.S. Code Sec. 953 says –

“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

“This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.”

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Background

Enacted more than 223 years ago (1/30/1799), only two people were ever indicted (1802 and 1852) and neither was convicted.

However, it still creates headlines, such as -

(1) Its reported use as leverage against Lt. Gen. Mike Flynn, Trump’s first selection as National Security Adviser, who engaged in conversations with representatives of foreign governments before Trump’s inauguration – WHICH ALWAYS HAPPENS WITH EVERY INCOMING ADMINISTRATION.

(2) Its NOTORIOUS NON-USE when Trump pulled out of the JCPOA (aka Iran Nuclear Deal) and John Kerry, Obama’s second Secretary of State (2/1/2013 – 1/20/2017) met constantly with Iranian leaders during the Trump Administration and “assured” them that Trump would be defeated in 2020 and the Democrats would immediately re-enter the JCPOA. [“Notorious” non-use because Kerry’s actions were NOT precedented, they were squarely “in the cross hairs” of the Logan Act, they were widely commented upon in the media (including whether they comprised “treason”), and because no action was ever taken against Kerry.]


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Why The Logan Act Does NOT Apply To Our Proposed E-mail Campaign

FIRST, neither NATO nor the E.U. is a “foreign government” or an “officer or agent” of a foreign government.

And any attempt to claim that they are would render the Logan Act as “void for vagueness” if its terms were so stretched.

SECOND AND MORE IMPORTANTLY, our proposed e-mail campaigns do NOT involve any “disputes or controversies” between the U.S. and NATO or the E.U. and they do not attempt to “defeat the measures of the United States.”

After all, the U.S. itself is boycotting Russian oil & gas.

And there is no reason to suppose that the U.S. would object to NATO and/or the E.U. taking similar action.


John S. Karls
JD, Harvard Law School, 1967
Who’s Who in American Law, 1988-2003
Who’s Who in America, 1988-2003
Who’s Who in The World, 1994-2003